Business 125 Ch. 1 test

Question 1

Law

Answer 1

Enforceable rules governing relationships among individuals and society

Question 2

Primary Source of Law

Answer 2

Sources that establish the law like the constitution, a statute, or an administrative rule

Question 3

Secondary Sources of Law

Answer 3

A publication that summarizes or interprets the law, like a legal encyclopedia or article in a law review

Question 4

Constitutional Law

Answer 4

Law derived from the constitution and constitutions of various states

Question 5

Statutory Law

Answer 5

The body of law enacted by legislative bodies like a statute

-Not constitutional law

Question 6

Citation

Answer 6

A reference to a publication where a legal authority like a statute or court decision can be found

Question 7

Ordinance

Answer 7

A regulation enacted by a municipal, city, or county legislative body that becomes part of that states statutory law

Question 8

Uniform Law

Answer 8

A model law developed by the NCCUSL for states to consider adopting or rewriting and then adopting

Question 9

Administrative Law

Answer 9

The body of law created by administrative agencies in order to carry out their duty

Question 10

Administrative Agency

Answer 10

A federal, state, or local government agency created to preform a certain function, such as make laws pertaining to the environment

Question 11

Enabling Legislation

Answer 11

A statute from Congress that authorizes the creation of a administrative agency and what its for

Question 12

Adjudicate

Answer 12

A judicial decision that resolves disputes with administrative agencies

Question 13

Administrative Process

Answer 13

The procedure used by administrative agencies in administering the law

Question 14

Rulemaking

Answer 14

The process in which an administrative agency formulates new regulations

Question 15

Legislative Rule

Answer 15

An administrative agencies rule that carries the same weight as congressionally enacted statutes

Question 16

Interpretive Rule

Answer 16

Rules that specify how administrative agencies will interpret and apply its regulations

Question 17

Supremacy Clause

Answer 17

Article 6 of the constitution that says its the supreme law of the land.
Establishes federal law as the most powerful, even over states

Question 18

Preemption

Answer 18

A doctrine under which certain federal laws take precedence over state laws

Question 19

Equal Protection Clause

Answer 19

Your Rights being violated
the state may not “deny to any person within its jurisdiction the equal protection of the laws”
The provision under the 14th amendment that requires state governments to treat similarly situated individuals in a similar manner

Question 20

Strict Scrutiny Test

Answer 20

If a law or action inhibits some person from a fundamental right, it will be subject to strict scrutiny by the courts
Unconstitutional or illegal discrimination

Question 21

Intermediate Scrutiny Test

Answer 21

Cases involving discrimination based on gender or legitimacy.
Must be substantially related to government objectives

Question 22

The Rational Basis Test

Answer 22

Matters of economic and social welfare
Classification will be considered if there is a rational basis of which the issue can be related to important government objectives

Question 23

Stare Decisis

Answer 23

“To stand on decided cases”

Referencing former cases to decide new ones

Question 24

Commerce Clause

Answer 24

Allows Congress to regulate inter-state commerce

Power getting smaller

Question 25

Remedy

Answer 25

The relief given to an innocent party to enforce a right or compensate for a violation of a right

Question 26

Remedies at Law

Answer 26

Remedies of economic compensation

Question 27

Remedies in Equity

Answer 27

Supplies a remedy when no remedies at law are suitable

Question 28

The Bill of Rights

Answer 28

First 10 amendments to the constitution

Question 29

First Amendment

Answer 29

Freedom of religion, speech, and the press and the right to assemble peacefully and to petition government

Question 30

Second Amendment

Answer 30

The right to keep and bear arms

Question 31

Third Amendment

Answer 31

Prohibits the lodging of soldiers in any house without consent of the owner

Question 32

Fourth Amendment

Answer 32

Prohibits unreasonable searches and seizures of persons or properties

Question 33

Fifth Amendment

Answer 33

Right to trial Due process Fair payment of private property when taken for public use Prohibits self-incrimination and double jeopardy

Question 34

Tenth Amendment

Answer 34

Establishes the powers not delegated by the federal government or denied to the states, reserved for the states

Question 35

Criminal Action Law

Answer 35

Law that addresses and punishes wrongful actions committed against the public

Question 36

Civil Action Law

Answer 36

Law that deals with the definition and enforcement of all private or public rights as opposed to criminal action

Question 37

Civil Law System

Answer 37

Law derived from Romans based on codified laws

Question 38

Symbolic Speech

Answer 38

Nonverbal expressions of beliefs | Like a article of clothing or expressive conduct

Question 39

Compelling Government Interest

Answer 39

A test of constitutionality that requires the government to have convincing reasons for passing any law that restricts fundamental rights, such as free speech

Question 40

Commercial Speech Valid if

Answer 40

1. Seeks to implement a substantial government interest 2. Directly advances that interest 3. Goes no further than necessary to accomplish its objective

Question 41

Corporate Political Speech valid?

Answer 41

yes

Question 42

Police Powers

Answer 42

Powers possessed by the states to protect or promote the public order, health, safety, moral, and general welfare

Question 43

Uniform Commercial Code (UCC)

Answer 43

The UCC facilitates commerce among states by providing a uniform set of rules governing commercial transactions Created from the NCCUSL and American Law Institute

Question 44

Statute of Limitations

Answer 44

A statute that puts a time limit on a contract | ex. You have 2 years to sue for health problems after an accident

Question 45

Plaintiff

Answer 45

One who initiates a lawsuit

Question 46

Defendant

Answer 46

One against whom a lawsuit is brought, or the accused person in a criminal proceeding

Question 47

Substantive Law

Answer 47

Law that defines, describes, and creates legal right =s and obligations

Question 48

Procedural Law

Answer 48

Law that establishes the methods of enforcing the rights established by substantive law

Question 49

Binding Authority

Answer 49

Any source of law that a court must follow when deciding a case Like the constitution or any laws

Question 50

Persuasive Authority

Answer 50

Any legal authority or source of law that a court may look to for guidance but need not to follow

Question 51

Bad Frog Brewery, Inc v. New York State Liquor Authority

Answer 51

NSLA does not approve brand label with "gesture" Bad frog filed suit in federal district court Appellate court after appeals rules denial of bad frog violates the first amendment of free speech The ban on the use of labels lacked a "reasonable fit" with the states attempt to shield minors from vulgarity

Question 52

Establishment Clause

Answer 52

Prohibits the government from establishing any state sponsored religion

Question 53

Free Exercise Clause

Answer 53

Prohibits government interaction with peoples religious practices

Question 54

Due Process

Answer 54

Everybody getting violated | No person shall be deprived of life, liberty, or property without due process of the law

Question 55

Case Law

Answer 55

The rules announced in court decisions | Interprets statutes, regulations, constitutional provisions, and other case law

Question 56

Case Law

Answer 56

The rules announced in court decisions | Interprets statutes, regulations, constitutional provisions, and other case law

Question 57

Common Law

Answer 57

Law